ARE YOU WORKING? IF SO, ARE YOU ELIGIBLE FOR DISABILITY BENEFITS?
WHAT IS THE SSA’S DEFINITION OF “WORK” ?
If you are working, according to the SSA’s definition of work, then you cannot be paid SSD benefits. The SSA calls work “substantial gainful activity“(SGA). A person who is earning over a certain monthly amount is working at or above the SGA level. Under SSA’s rules, a person who is working at the SGA level cannot be paid SSDI or SSI benefits.
If you cannot work for over one year, then you can file an application for benefits. There are two types of benefits: Social Security Disability Insurance benefits (SSDI) and Supplemental Security Income (SSI) benefits. In order to receive benefits, you must first file an application on Social Security’s website.
SSD benefits are designed for people who are not going to be able to work because of disability. It is not a program that gives you temporary benefits. For example, if are a cashier and your knee arthritis prevents you from standing, then you can’t be a cashier anymore. But knee pain does not preclude all work. If you can’t stand at work, then the SSA will find you can do a seated job. They will say you could do a customer service job over the phone.
Likewise, knee pain can usually be solved with a knee replacement. It does not take longer than one year to recover from knee replacement surgery. The SSA is not going to find that you will never work again just because you have knee arthritis. Keep in mind, that SSD benefits are designed for people who cannot work at any job, not just your old job. Additionally, don’t think you can work and also get SSD benefits. Because, no matter what anyone tells you, it is not true.
TWO DIFFERENT TYPES OF SOCIAL SECURITY BENEFITS
Below is an explanation as to each type of benefit you can file an application for:
Social Security Disability Insurance (SSDI):
SSDI benefits are for workers who can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on the Social Security taxes you paid while working. To qualify for SSDI, you must have earned enough “work credits.”
A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only apply for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit. It is for people with a severe medical condition and little to no income, such as children and the elderly. Anyone who greater than $2000 in savings cannot receive SSI benefits. The SSA counts the income of those who live in your home, not just your income and assets. If you have a spouse who earns $5000 a month, for example, then that income will prevent you from getting SSI benefits. You cannot qualify for SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.
SUBSTANTIAL GAINFUL ACTIVITY OR “WORK”
The SSA defines SGA work as “doing significant physical or mental activities . . . for pay or profit.” They also state that “significant activities” accomplish a job and have value in the economy. Or, in other words, you are paid to do work.
Work may count as “work,” even if it is done on a part time basis. Additionally, it may still be substantial work, even if you do less, are paid less, or have less responsibility than in previous work. It can even by work if you are working for yourself 40 hours a week, and earning very little money. Additionally, you should know that many jobs teach you work skills that the SSA will say you can use in a number of jobs, not just your old job.
Work activity by an employee is gainful if it is the kind of work usually done for pay, whether for cash or for goods. Activities such as caring for yourself and chores around the house are not work. Likewise, unpaid training, hobbies, and going to school are not work. However, going to school full time is usually seen by a judge as evidence that you can work. Clubs and social programs are also not considered to be SGA.
THE SSA CHART THAT DEFINES SGA
Below is a chart that defines the monthly amount of money you can earn in any given month before SGA applies. As you can see, there is a difference between those who are blind and those who are not blind. The SSA sets a higher SGA threshold for blind people. This means they can earn a higher amount per month than those with other disabilities without losing their benefits.
The SGA amount goes up every year, but it is always based on your gross earnings per month. This means the SSA counts what you earn before taxes are taken out. Many people, for example, assume that their take home pay is what the SSA counts as SGA. Unfortunately, that is not correct. SGA is the full amount you make per month, including taxes and any other withholdings.
In 2026, if you are not blind, then SGA is $1690 per month. Therefore, if you earn over $1690 in a month, then you do not qualify for SSD benefits.
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WORKING AND APPLYING FOR SSD BENEFITS
Many people think they can work and still be paid benefits. However, this is simply not true. The SSA has a specific amount of money that you can earn on a monthly basis. If you earn over that amount, then you are working SGA. Therefore, you cannot receive SSDI and SSI benefits. Work makes you unable to file an application and to receive both benefits. People who work and receive an SSDI check are breaking the law. Social Security benefits are for people who cannot work and are likely to never work again.
If you try to work and you earn under the SGA amount or your work doesn’t last more than a few months, then you can still file for SSD benefits. For example, some people try to work despite their severe illness. Understand when a medical condition is a barrier to work. Working a few hours a week should not hurt your chances of winning benefits. However, if you work for a longer period of time, then your attorney will need to ask the judge to apply the rules of an unsuccessful work attempt.
Most people, however, with a mental or physical condition find they cannot work 40 hours a week. Additionally, they discover they can’t work part time. Learn about part time work once you are getting SSD benefits. That is why they are filing for benefits. SSDI benefits replace monthly income. Additionally, SSDI benefits come with Medicare benefits. Medicare benefits are a form of health insurance. These benefits are important if you have a severe illness. Medicare benefits start 29 months after your onset date of disability. The 29 months, for example, includes both a five month waiting period and a 2 year waiting period.
OUR LAW FIRM CAN HELP YOU WIN YOUR SSD BENEFITS
At our law office, we help our clients file an application for SSDI and SSI benefits. Also, we appeal SSA’s denials. If you need to apply for benefits, then you can do so on the Social Security’s website. It doesn’t matter where you live in the country, the above table applies to you.
If you live in Utah, then we have Utah SSDI information. We also have Nevada SSDI benefit information. The same amount of money in the above table defines SGA. This is true even if the cost of living is higher in California than Nevada. Learn about California SSDI and SSI benefits.
If you have questions about work and your SSD benefits, then contact our office. We will answer your questions for free. Also, we offer a free review of your case. Additionally, we do not charge an attorney fee unless we win your benefits. If we don’t win, then you don’t have to pay an attorney fee. If you need SSDI benefits or SSI benefits, then contact our law firm.
We will help you apply for benefits or appeal an SSA denial. You can contact us by phone or by email. We can often answer your questions about working and benefits over the phone. Give us a call today. Then, hire us be your legal team. Put our legal experience to work for you.
IF YOU CAN’T WORK, THEN FILE FOR SSD BENEFITS
You do not need to file for Social Security benefits by yourself. You can always call our law firm and we will help you file your application. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSDI and SSI benefits
- Inform the SSA they should pay you benefits under the Compassionate Allowance Rules
- Request an appeal if you receive a denial
- Help you confirm your free SSA doctor exam
- Request a Hearing with an Administrative Law Judge
- Prepare you to testify at your ALJ hearing
- Represent you at your hearing and question the expert witnesses
- Refute job expert testimony at the SSA hearing
- Understand medical expert testimony
- Request review of a decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits on Social Security’s website, then you have 6 months to complete it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, the SSA will not process your application. Sign it and send it back as soon as you can. Benefits are tied to the date you apply. Therefore, every day you wait to apply is a day you lose benefits.
HIRE OUR EXPERT SSD LEGAL TEAM
If you cannot work due to a severe physical or mental medical condition, then Cannon Disability Law can help you apply for SSD benefits. Also, we can help you appeal an SSA denial. Additionally, we will represent you in court at your Social Security hearing. Unlike most law firms, we will also help you testify in your case. We do this by meeting with you before your hearing and telling you the questions the judge is likely to ask in court.
If necessary, we can appeal your case to the Appeals Council. Likewise, we file appeals in Federal Court. Also, we can represent you where you live. For example, we can represent you if need an attorney in Utah or Nevada. Additionally, we can help you if you live in Idaho, Colorado, or California. Learn about California SSDI benefits. Likewise, read about Idaho SSD benefit information. Also, learn about Utah SSDI and SSI benefits.
Your ability to receive Medicaid benefits and Medicare benefits depends upon whether or not you claim is successful. In order to fight the SSA’s denials, you need a lawyer with experience. Hire us. Dianna Cannon has been helping people win benefits for over thirty years. Likewise, Brett Bunkall and Andria Summers also have many years of experience fighting the SSA. We have won over 20,000 SSDI and SSI hearings for our clients. You can trust us to do our best for you. We will do everything possible to win your SSDI and SSI benefits.
